Unlawful Act Manslaughter Flashcards
What could the D be charged with?
Involuntary manslaughter
How many stages does the unlawful act manslaughter have?
It has four stages
What is stage 1?
There must be an unlawful act
What’s the first key law?
Khan and Khan
What is the key law - khan and khan?
The act must be a positive act, not an omission
What does the case Franklin say?
It must be a crime not a civil wrong
What are the two common assaults that could be applied?
Battery and assault
What’s the second stage?
The act must involve a risk of harm
What test is relevant for the second stage?
The fully objective test
What’s the second key law?
Church
What’s the question for church?
Would a reasonable person observing see a risk or harm
What’s the next case that is needed?
DPP v newsbury and jones
What does that case say?
It says they D does not need to be aware of the risk as long as a sober and reasonable person would
What’s stage three?
Did the unlawful act cause the Vs death? This is an issue of causation.
What’s factual causation?
It says but for the D’s actions would the result have happened anyway
